Okla. Stat. tit. 70, § 70-3-169: Disclosure of mental health treatment of students -

Accommodations plan.

A. Beginning with the 2023-2024 school year, prior to

enrollment the parent or legal guardian of a student may disclose to

the student's resident district, as determined by Section 1-113 of

Title 70 of the Oklahoma Statutes, if the student has received

inpatient or emergency outpatient mental health services from a

mental health facility in the previous twenty-four (24) months. For

the purposes of this section, "mental health facility" shall have

the same meaning as Section 5-502 of Title 43A of the Oklahoma

Statutes.

B. If a disclosure provided for in subsection A of this section

occurs, designated school personnel, which may include members of

the individualized education program (IEP) team, shall meet with the

parent or legal guardian of the student and representatives of the

mental health facility prior to enrollment to determine whether the

student is in need of any accommodations including but not limited

to an IEP in accordance with the Individuals with Disabilities

Education Act (IDEA) or a Section 504 Plan as defined by the

Rehabilitation Act of 1973. The meeting required by this section

may take place in person, via teleconference, or via

videoconference.

C. The disclosure and subsequent handling of personal health

information and related student education records pursuant to this

section shall comply with the Family Educational Rights and Privacy

Act of 1974 (FERPA) and the Health Insurance Portability and

Accountability Act of 1996 (HIPAA).

D. The State Board of Education shall promulgate rules to

implement the provisions of this section.